State of South Dakota  

661T0366   HOUSE BILL   NO.  1146  

Introduced by:    Representatives Hickey, Abdallah, Feinstein, Gosch, and Hunt and Senators Cutler, Nygaard, and Rhoden

        FOR AN ACT ENTITLED, An Act to increase the personal property and annuity payments exempt from process, levy, or sale.
    Section 1. That § 43-45-2 be amended to read as follows:
    43-45-2. The property mentioned in this section is absolutely exempt from all such process, levy, or sale, except as may be otherwise provided by law:
            (1)    All family pictures;
            (2)    A pew or other sitting in any house of worship;
            (3)    A lot or lots in any burial ground;
            (4)    The family Bible and all schoolbooks used by the family, and all other books used as a part of the family library, not exceeding in value two hundred dollars;
            (5)    All wearing apparel and clothing of the debtor and his the debtor's family;
            (6)    The provisions for the debtor and his the debtor's family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year;
            (7)    All property in this state of the judgment debtor if the judgment is in favor of any

state for failure to pay that state's income tax on benefits received from a pension or other retirement plan while the judgment debtor was a resident of this state;

            (8)    Interests in vehicles, not to exceed ten thousand dollars, per debtor.
    Section 2. That § 43-45-4 be amended to read as follows:
    43-45-4. In addition to the property provided for in §§ 43-45-2 and 43-45-3, the debtor, if the head of a family, may, personally, or by agent or attorney, select from all other of the debtor's personal property, not absolutely exempt, goods, chattels, merchandise, money, or other personal property not to exceed in the aggregate six ten thousand dollars in value; and, if not the head of a family, property as aforesaid of the value of four ten thousand dollars, which is also exempt, and which shall be chosen and appraised as provided by law.
    Section 3. That § 58-12-8 be amended to read as follows:
    58-12-8. The total exemption under § 58-12-6 of benefits presently due and payable to any annuitant periodically or at stated times under all annuity contracts under which he is an annuitant, shall not at any time exceed two thousand five hundred and fifty dollars per month for the length of time represented by such installments, and such periodic payments in excess of two thousand five hundred and fifty dollars per month shall be is subject to levy in the manner provided by law and the rules of court.